[cavanagh_matthew@y]

hi, i need some advice on putting togather a contract for cleaners that work for my company, i need some wording to put in a contract which they have to sign so that that dont go an steal contracts where they work. Is this possiable?

thanks,
matt

[collins ReVive Stoneworks]

pass on your email address i may be able to help[

karl

[glenda hollis]

It is possible but in reality very difficult to enforce. I managed a cleaning service for someone and shortly before i joined one of her staff had left taking some clients with her. She had signed a contract to say she wouldnt do this but she knew the proprioter could not afford to take legal action so she did what she wanted to do. Part of me thinks it was a really horrible thing to do, but the other part of me knows it happens a lot. The proprioter was a vile woman though, it couldn't have happened to a better person.

[dustymiller]

acas type that in your search engine. they will tell you every thing you need to know. my contracts are ased on an acas format containing everything required by law with some additions but remember a contract means nothing without the idiot book which explains what the contract is.

[JJdomestics]

Hi everyone,

I too am looking to devise a contract to stop employees taking clients with them. I have had a look on ACAS but couldn't find it. Perhaps I am entering the wrong key words in??? . Any thoughts?

many thanks

JJ

[Collybolly]

Unfortunately "proper legal advice" might need to be taken if any Restrictive Covenant is to be enforceable....

There are broadly four types of restrictive covenant:

1. non-compete covenants – which seek to prevent an ex-employee from directly competing or working for a competitor, usually within a specific geographical area, for a set period following termination;

2. non-solicitation/non-dealing covenants – which seek to prevent an ex-employee from entering into working relationships with former customers, by seeking or accepting orders for goods and services, for a set period following termination.;

3. non-poaching of employees – which seek to prevent an ex-employee from recruiting former colleagues for a set period following termination;

4. restrictions on the use of confidential information – which seek to prohibit the use of any confidential information (usually identified by a non-exhaustive list of examples) acquired by an employee during employment.

Have a look at the following http://www.gannons.co.uk/employment_law/?page=restrictive_covenants it gives a 'checklist' of considerations.

[JJdomestics]

Thats fantastic thank you very much.

[Collybolly]

BTW I know nothing about and can't vouch for Gannons except their explanation is clear and succinct.

Frankly I'm a great believer in "what goes around comes around".

So what,  if a staff member poaches some business...they'll soon cockup with their pricing or cleaning standards will drop, something'll happen.

It frees up valuable time for you to look for more worthy clients who aren't as fickle. Either that or drastically undercut them, so they end up going bump and the client comes back 'cap in hand'. It has happened.

That's the theory....

[JJdomestics]

Very true but maybe if I put one of these in place it might make them think twice about it. Use it as a deterrent maybe. What do you think?

[Collybolly]

JJ

If it puts your mind at rest it's best to seek professional advice. If you want to 
put a Restricted Covenant in place, get a legal eagle to draw one up properly to cover all eventualities.

However, if an employee goes off and 'does the dirty' on you, do you really want to go through the rigmarole of the courts, when your time could be best served 'getting even' in other ways? Keep your own counsel, keep an eye on them, bide your time and wait for them to shoot themselves in the foot!

In the meantime grow your own business.

I'm not suggesting this is the case with anyone here but personally, I always think it smacks of desperation when employers put RC's in place...are their books really in such a bad state that they can't cope with a bit of healthy competition? As an employee a RC wouldn't deter me.